DTCI

DTCI: Negligent infliction of emotional distress

September 12, 2012
There are few torts that have been subject to more expansion and modification in the last 20 years than negligent infliction of emotional distress.
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DTCI: Throw your cell phone into the spaghetti bowl

August 29, 2012
From DTCI
James Strenski writes about why lawyers need to get away from their cell phones occasionally.
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DTCI: Representing minority shareholders

August 15, 2012
Jason Massaro
Jason Massaro writes about Indiana's Corporations Law and Judicial Order of Inspection.
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DTCI: Awards nominations invited

August 15, 2012
From DTCI
The Defense Trial Counsel’s annual meeting will be held Nov. 15-16. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.
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DTCI: North Central Region Trial Academy Sept. 28-29

August 15, 2012
From DTCI
The Trial Academy is the only trial technique seminar in Illinois, Indiana and Wisconsin specifically designed for the defense lawyer. Each student is videotaped while conducting part of the trial, and each receives a copy of that videotape upon conclusion of the Trial Academy.
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DTCI: The DRI annual meeting will be big fun in the Big Easy

August 1, 2012
Thomas Schultz
The 2012 DRI Annual Meeting will return to the Crescent City – New Orleans, La., – Oct. 24-28. For those of you who have had the pleasure of attending prior annual meetings in New Orleans, you will understand what a great time is in store for all attendees.
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DTCI: Workers' comp caselaw reviews

July 18, 2012
From DTCI
Ann Stewart and Karen Dutcher write about workers' compensation rulings from the last six months.
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DTCI: Note from the defense - Stop the 'unnecessary roughness'

July 4, 2012
From DTCI
While I am sure this writing could be deemed just another one that promotes civility, and while I am sure that there is a long list of ethical rules that promote that, too, I cite none here. I simply say this: Stop the (to use a football phrase) “unnecessary roughness.” I am hereby throwing a “flag on the play.”
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Kudos to DTCI members

June 20, 2012
From DTCI
Accolades for DTCI members.
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DTCI: The science of opening statements

June 20, 2012
Elliott Pinkie and Bill Kanasky write about persuasion through the use of primary and recency effects.
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DTCI: Protection of drug and alcohol treatment records

June 6, 2012
Lawyers representing plaintiffs and defendants in civil tort actions will eventually be challenged with protecting their client’s alcohol and drug treatment records from disclosure.
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DTCI: Opinion clarifies construction manager liability on job sites

May 23, 2012
In its recent opinion in the case of Hunt Construction Group, Inc. v. Garrett, No. 49S02-1106-CT-365 (Ind. 2012), the Indiana Supreme Court provided some needed clarity concerning liability of construction managers for injuries suffered by employees of contractors on a construction site.
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DTCI: Take a moment to breathe before hitting 'send'

May 9, 2012
Robert Thornburg writes about civility among the legal profession.
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DTCI: Admission of subsequent remedial measures

April 25, 2012
A procedural or substantive concern in a strict liability action?
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DTCI: To 4G or not to 4G, that is the question

April 25, 2012
From DTCI
Kori McOmber writes about the various apps one can use on the iPad to help with practicing law.
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DTCI: DTCI and ITLA join forces to encourage civility

April 11, 2012
The Defense Trial Counsel of Indiana and the Indiana Trial Lawyers Association have joined to present a seminar on civility at the Indiana University Robert H. McKinney School of Law on May 24 titled “Two Parties…One Oath – A Conversation on Civility.”
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DTCI: Errata sheets and the deposition hallows

March 28, 2012
From DTCI
Certainly, a deposition can be a powerful tool. But what if the completed deposition transcript is delivered to the examining attorney along with an errata sheet that substantively alters material deposition responses?
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DTCI: Disabilities by association

February 29, 2012
Nondisabled employees bringing claims following law changes in 2008.
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Why Join DTCI?

February 29, 2012
From DTCI
DTCI gives readers nine reasons to join the organization.
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DTCI: North Central Region Trial Academy

February 29, 2012
From DTCI
The Trial Academy is the only trial technique seminar in Illinois, Indiana and Wisconsin specifically designed for the defense lawyer.
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DTCI: Legal pitfalls and evidence considerations in health care provider apologies

February 1, 2012
From DTCI
Health care provider apologies in the face of adverse patient outcomes can have profound effects in the defense of subsequent patient litigation.
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DTCI: Meet your 2012 Board of Directors

January 4, 2012
From DTCI
Read about the 2012 Defense Trial Counsel of Indiana board of directors.
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18th Annual DTCI Conference & Meeting

December 21, 2011
The DTCI held its annual conference Nov. 17-18 at French Lick Resort. View photos from the event.
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Incoming DTCI president sets priorities for new year

December 7, 2011
Jenny Montgomery
Civility and clarifying priorities are among Lonnie D. Johnson's key initiatives for 2012.
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Standing up for the judiciary

December 7, 2011
Michael Hoskins
The Defense Trial Counsel of Indiana plans to address attacks on courts and judges.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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